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An Electronic Travel Authorization (eTA) is a new requirement for foreign nationals from visa-exempt countries arriving in Canada by air, whether to visit the country directly or to pass through in transit.

When a visa officer emphasizes a permanent residency applicant’s weak language skills in a decision, this does not necessarily mean that the officer is requiring the applicant to prove that she will be able to economically establish herself in Canada immediately upon arrival.

Facts

Jalil sought judicial review of a visa officer’s decision to deny her application for permanent residency.

Jalil argued that, by focusing part of his decision on her limited language skills and the language requirements of her intended occupation (school teacher), the visa officer erroneously required her to prove show she could become economically established in Canada immediately. She further argued that she should have only been required to show that she was likely to become economically established in Canada within a reasonable time.

Decision

The Federal Court confirmed that a permanent residency applicant must only show that she is likely to become economically established in Canada within a reasonable time but also confirmed the rejection of Jalil’s application.

The Court found the officer’s decision to have been based not only on Jalil’s language abilities but also on her failure to show that she had received or sought any job offers. This was sufficient to prove that Jalil would likely fail to economically establish herself in Canada within a reasonable time. The court dismissed the application for judicial review.